TERMS AND CONDITIONS OF USE
This web site, including any sub site accessible through the
homepage, (the "Site") is published and maintained by subsidiaries,
affiliates and/or related entities of Management of Note Limited. You can
e-mail us at webmaster@managementofnote.com
. Please note that when you enter any sub site accessible through this
homepage or other page on this Site, such sub site may have its own terms and
conditions of use that is specific to such sub site. When you access, browse or
use this Site you accept, without limitation or qualification, the terms and
conditions set forth below and any additional terms and conditions of use set
forth in any sub site. By using this site, you signify your agreement to all
terms, conditions, and notices contained herein. If you do not agree to the
terms, conditions, and notices contained herein, please do not use this site.
1. Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute,
exchange, modify, sell or transmit anything you copy from this Site, including
but not limited to any text, images, audio and video, for any business,
commercial or public purpose. As long as you comply with the terms of these
Terms and Conditions of Use, Management of Note Limited grants you a
non-exclusive, non-transferable, limited right to enter, display and use this
Site. You agree not to interrupt or attempt to interrupt the operation of this
Site in any way.
2. Copyright Notice and Ownership
All materials on this Site, including but not limited to audio,
images, software, text and video clips (the "Content"), are protected
by copyright under U.K. copyright law, international conventions, and other
copyright laws. You cannot use the Content, except as specified herein. You
agree to follow all instructions on this Site limiting the way you may use the
Content. There are a number of proprietary logos, service marks and trademarks
found on this Site. By making them available on this Site, Management of Note
Limited is not granting you any license to utilise those proprietary logos, service marks, or
trademarks. Any unauthorized use of the Content may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil and criminal
statutes.
You may download one (1) copy only of the Content to be used only
by you for your personal use at home unless the sub site you are accessing
states that you may not. If you download any Content from this Site, you may
not remove any copyright or trademark notices or other notices that go with it.
3. Rules for Chat rooms,
Guestbook, Bulletin Boards and Other User-Supplied Material
This Site may have an area that allows you to "chat" or
upload and download materials. When using any of these areas, you agree not to
post, send, transmit, upload or otherwise publish through this Site, any
materials that (1) interfere with anyone else's use of the Site; (2) are
abusive, illegal, indecent, obscene, offensive or threatening in any way; (3)
encourage anyone to break the law; (4) violate anyone's copyright or other
property right; (5) interfere with the privacy of any other user; (6) contain a
virus or any other harmful component; or (7) contain false or misleading
statements of fact or descriptions of the origin of the material or the
communication. You agree to comply with any additional terms that are referred
to on this Site or any sub site within the Site.
4. Responsibility for User's
Material
You are prohibited from posting or transmitting any defamatory,
libelous, obscene, pornographic, profane, threatening or unlawful material or
any material that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise
violate any law. Although Management of Note Limited may from time to time
monitor or review bulletin boards, chat rooms, discussions, postings,
transmissions and the like on the Site, Management of Note Limited is under no
obligation to do so and assumes no liability or responsibility arising from the
contents of any such communications or for any defamation, error, inaccuracy,
libel, obscenity or profanity contained in any such communication. Management
of Note Limited may change, edit, or remove any user material or conversations
that are illegal, indecent, obscene or offensive, or that violates Management
of Note Limited’s policies in any way. Management of Note Limited will fully
cooperate with any law enforcement authorities or court order requesting or
directing Management of Note Limited to disclose the identity of anyone posting
such materials.
5. Management of Note Limited’s
Rights to User's Material
If you send any communications or materials to the Site by
electronic mail or otherwise, including any comments, data, questions,
suggestions or the like, all such communications are, and will be treated as,
non-confidential and non-proprietary. Thus, you give up any claim that any use
of such material violates any of your rights including moral rights, privacy
rights, proprietary or other property rights, publicity rights, rights to
credit for material or ideas, or any other right, including the right to
approve the way Management of Note Limited uses such material.
Any material submitted to this Site may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted, published, sold,
transmitted or used by Management of Note Limited anywhere in the world, in any
medium, forever. Furthermore, Management of Note Limited is free to use,
without any compensation to you, any concepts, ideas, know-how or techniques
contained in any communication you send to the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using such information. However, you agree and understand that Management of
Note Limited is not obligated to use any such ideas or materials and you have
no rights to compel such use.
6. Transmitted Material
Internet transmissions are never completely private or secure. You
understand that any message or information you send to this Site may be read or
intercepted by others unless there is a special notice that a particular
message (for example, credit card information) is encrypted (send in code).
Sending a message to Management of Note Limited does not cause Management of
Note Limited to have any special responsibility to you.
7. Links
This Site may contain links to other Internet sites on the World
Wide Web. Management of Note Limited provides such links for your convenience
only, and is not responsible for the content of any site linked to or from this
Site. Management of Note Limited makes no representations whatsoever about any
other Web site that you may access through this site. When you access another
site, please understand that it is independent from this site, and that
Management of Note Limited has no control over the content on that Web site or
its policies. In addition, a hyperlink to another site does not mean that
Management of Note Limited endorses or accepts any responsibility for the
content, use or policies of the linked site or that the policies of that site
are consistent with our policies or the terms and conditions of this User
Agreement. It is up to you to take precautions to ensure that whatever you
select for your use or download are free of such items as viruses, worms,
Trojan horses, and other items of a destructive nature.
8. Contests
This Site may contain contests that require you to send in
material or information about yourself or offer prizes. Each contest has its
own rules, which you must read and agree to before you may enter.
Rules for Children (Under Age 16)
If you are under 16, you should ask your parents or a guardian
before you:
E-mail the Site, or ask us to e-mail anything to you;
Send in any information;
Enter any contest or game that requires information about you or
offers a prize;
Join any club or group;
Post any information on any bulletin board or enter any chat room;
or
Buy anything online.
9. Availability of Products and Services
The products and services displayed on the Site may not be
available for purchase in your particular country or locality. The reference to
such products and services on the Site does not imply or warrant that these
products or services will be available at any time in your particular location.
You should check with Management of Note Limited for the availability of
specific products and services in your area.
10. Management of Note Limited’s Right to Change These Terms and Conditions
of Use or Content on the Site
Management of Note Limited may add to, change or remove any part
of these Terms and Conditions of Use at any time, without notice. Any changes
to these Terms and Conditions of Use or any terms posted on this Site apply as
soon as they are posted. By continuing to use this Site after any changes are
posted, you are indicating your acceptance of those changes. Management of Note
Limited may add, change, discontinue, remove or suspend any other Content
posted on this Site, including features and specifications of products
described or depicted on the Site, temporarily or permanently, at any time,
without notice and without liability.
11. Indemnification
You agree to indemnify, defend and hold Management of Note Limited
and all of its agents, directors, employees, information providers, licensors
and licensees, officers and parent, (collectively, "Indemnified
Parties") harmless from and against any and all liability and costs
(including, without limitation, attorneys' fees and costs), incurred by the
Indemnified Parties in connection with any claim arising out of any breach by
you of these Terms and Conditions of Use or the foregoing representations,
warranties and covenants. You will cooperate as fully as reasonably required in
Management of Note Limited 's defense of any claim. Management of Note Limited
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you and you shall
not in any event settle any matter without the written consent of Management of
Note Limited.
12. Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING
ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS
PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH
REGARD TO THE CONTENT ON THIS SITE, MANAGEMENT OF NOTE LIMITED MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED
ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE
AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE
DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS,
BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MANAGEMENT OF
NOTE LIMITED’S NEGLIGENCE, SHALL MANAGEMENT OF NOTE LIMITED BE LIABLE FOR ANY
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS
IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF MANAGEMENT OF NOTE LIMITED
OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL MANAGEMENT OF NOTE LIMITED’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN
CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE),
EXCEED £100.00.
13. General Provisions
These Terms and Conditions of Use and any additional terms posted
on this Site together constitute the entire agreement between Management of
Note Limited and you with respect to your use of this Site. Any cause of action
you may have with respect to your use of this Site must be commenced within (1)
year after the claim or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of these Terms and Conditions of
Use, or portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of this agreement,
and the remainder of these Terms and Conditions of Use shall continue in full
force and effect.
14. Privacy Policy
This web site, including any sub site accessible through the
homepage, (the "Site") is published and maintained by subsidiaries,
affiliates and/or related entities of Management of Note Limited. You can
e-mail us at webmaster@managementofnote.com
when you enter any sub site accessible through this homepage, such sub site may
have its own privacy policy, which is specific to such sub site. When you
access, browse or use this Site you accept, without limitation or
qualification, the terms and conditions of any privacy policies set forth in
any sub site.
15. Proper Law of Contract
These terms and conditions shall be governed by and construed in accordance
with English law. Disputes arising in connection with these terms and
conditions shall be subject to the exclusive jurisdiction of the English courts.